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(영문) 서울고등법원 2019.09.25 2018나2009294

사해행위취소

Text

1. Revocation of the first instance judgment.

2.(a)

Attached Form

As to each immovable property described in 1, Defendant A corporation and C.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement of this case with C Co., Ltd. (hereinafter “C”), and the following is omitted from the name of all companies:

(C) Until December 17, 2012, the guarantee period was extended by December 17, 2012 to guarantee the obligation to be borne by the E Bank with a loan from the E Bank (e.g., the guarantee period of KRW 2,850,000,000, and by December 17, 2012).

(i) a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”)

C) At the time of the conclusion of the Credit Guarantee Agreement, C submitted a credit guarantee certificate issued pursuant thereto, and C borrowed KRW 2,850,000,000 from E Bank. (2) At the time, C’s representative director D guaranteed all the obligations to be borne by C to the Plaintiff according to the Credit Guarantee Agreement.

3) Thereafter, around April 19, 2016, C lost the benefit of time for the obligation of the above loan. Accordingly, on September 5, 2016, the Plaintiff subrogated to E Bank for KRW 2,887,758,606 of the principal and interest of the loan. (B) The conclusion of a mortgage contract between C and the Defendant A on September 12, 2016, C concluded a mortgage contract with Defendant A as to real estate stated in attached Tables 1 and 2 (hereinafter “instant first contract”).

(1) The registration of creation of a mortgage of KRW 1,510,000 (hereinafter referred to as the “registration of creation of a mortgage of KRW 1,510,000), which was received on September 12, 2016, the Changwon District Court, Kim Sea Registry, Kim Jong-young, as to each real estate listed in the separate sheet No. 1 (hereinafter referred to as the “registration

(2) As to each immovable property indicated in the separate sheet No. 2 and the separate sheet No. 2, the registration of the establishment of a neighboring maximum debt amount of KRW 1,510,000,000 (hereinafter “registration of the establishment of a neighboring property of this case”) shall be rendered on September 12, 2016.

D) On May 10, 2016, the mortgage contract was concluded between D and Defendant B (hereinafter “instant second contract”) with regard to real estate as indicated in the attached Table 3, as to May 10, 2016.

The defendant B entered into this chapter, and on May 11, 2016, the Suwon District Court of Suwon District.